Crystal Cove Residents File Suit

Action Alleging State Violated Law Comes in Answer to Eviction Notices

Residents of the Crystal Cove State Park cottages who have
received eviction notices from the state sued on Tuesday in Orange
County Superior Court to prevent being ousted from the 1920s-era
dwellings.

A lawyer representing the Crystal Cove Residents Assn. said
California Department of Parks and Recreation officials had violated
the California Environmental Quality Act and other statutes by
evicting residents without first adopting a plan for reuse or
maintenance of the historic cottages.

But Roy Stearns, deputy director of communications for the Parks
Department, disagreed. "We have a plan. The 1982 General Plan is
still in effect," he said.

That plan calls for repairs, upgrades and other renovations which
officials have said could cost an estimated $32 million, but does not
specifically outline the future use for the historic beach structures.

Last week, parks officials said they had dropped plans to
allow a luxury resort there. But in a statement Tuesday, parks
director Rusty Areias said Michael Freed, the developer who was
awarded the 60-year contract to run a resort on the site, may still be
involved in future plans there. Freed could not be reached for
comment.

Deborah Rosenthal, a Costa Mesa attorney representing the
residents association, said the Parks Department should have more
than the initial stages of a plan in place before evicting the longtime
tenants.

"Ordinarily, when you have a General Plan, you need to have a
development plan and development approvals," she said.

The residents are also concerned that the picturesque but fragile
cottages will be vandalized or damaged by the elements.

The cottages will "become historic, both literally and
figuratively," said Al Willinger, a member of the board of the
residents association.

But parks officials said both security and maintenance personnel
will be posted there. Also, the state Office of Historic Preservation
will monitor the process to ensure compliance with federal standards
for historic preservation.

Jim Thobe, a 31-year Crystal Cove resident, noted that the state
allowed six of the cottages that have been vacant for years to
deteriorate.

"What kind of preservation is that?" he asked.
The Parks Department mailed eviction notices to the tenants
Friday, saying they must be out by March 15. The agency said it
must take possession of the cottages to begin their conversion to
public use.

Areias said that parks staff will first shut down and evaluate the
cottages' aging septic tank system. The Santa Ana Regional Water
Quality control board issued a cease and desist order in November to
stop waste water discharges to pristine Crystal Cove.

Residents argue there is no proof that their septic tanks have
contaminated the cove.

"If that turns out to be the case, environmentally, that's good
news. But without digging them up and looking at them, you can't tell
that," Stearns said.